government stole my baby. she makes a cradling gesture. records confirm she did lose custody of a child. the sheriff says she wore the same outfit in the bank, at her arrest and in her youtube video. a youtube that is now evidence that could send her down the tubes. jeanne moos, cnn, new york. >> can't make this kind of stuff up. you can always follow what's going on in the situation room on twitter. tweet me @wolfblitzer. the news continues next on cnn. hello, everyone. i'm don lemon. you're in the "cnn newsroom." egypt's president has canceled a decree that gave him sweeping powers and set off a wave of deadly protests. at the time, critics accused mohamed morsi of a power grab and adviser to morsi says the

government will push forward to a referendum on the new constitution, despite concerns from the opposition. going to go live to cairo in a few minutes here. a well known islamic militant, the leader of a terror network, is locked up in egypt and there is an american connection. the fbi is working to figure out what role, if any, the man played in the attack on the consulate in libya that killed four americans including the u.s. ambassador. a full report, everything we know about this man, coming up, coming right up here on cnn. congress faces a so-called fiscal cliff and only 24 days. and it is what house speaker john boehner did not say that is drawing attention tonight. when questioned by reporters yesterday, boehner would not comment on whether there is room for compromise on the president's demand for higher tax rates, on high income americans. boehner and the president spoke by phone this week, but in public comments, appear to have no -- made no progress. same sex couples are finally getting their day in court. this time, the u.s. supreme court. justices have decided to hear

two constitutional challenges to federal and state laws. one case involves the federal defense of marriage act, which denies federal benefits to same sex couples legally married in their own state. the other is a challenge to california's prop 8, which took away the right of same sex marriage that had been previously approved by state courts. florida governor charlie crist completed his political transformation. crist was elected governor as a republican in 2006, then later ran for the senate as an independent. he campaigned for president obama, and spoke at the democratic national convention. he's now officially a democrat and is widely expected to run for governor again in 2014. south africa's beloved nelson mandela is getting tests in a hospital. the country's president says no cause for alarm there. he says the 94-year-old mandela is getting tests consistent with his age.

the nobel laureate became his nation's first black president. the fbi wants to talk to a man in custody in egypt. he's a well known islamic extremist. that's why egypt wanted him taken down. but american terrorist watchers think he might be behind the deadly attacks this year at the u.s. consulate in libya. cnn's susan candiotti has more from new york now. >> investigators have had this man on their radar for some time. and now he's being called a possible suspect in the benghazi attacks. mohamed jamaal abu ahmed was arrested by egyptian authorities a couple of weeks ago. and remains in custody while the investigation goes on. u.s. authorities believe he may have been involved in the september 11th terror hit that killed ambassador chris stevens and three other americans according to a u.s. official. the fbi which is conducting the investigation has not been able to talk to him yet.

the official would not comment on what led them to him. abu ahmed is known as a radical jihadist, 45 years old, master degrees in sharia law. he's also believed to be the driving force behind a new terror group seeking to align itself with al qaeda according to our sources. and egyptian official says abu ahmed denied any connection to the attack on the u.s. consulate, or being affiliated with al qaeda. he's also believed to be connected to a heavily armed terror suspect that was rated in october in egypt. and five people were arrested. sources say they're looking at several people in the attack. the fbi has been covering a lot of territory, but they're still facing roadblocks. we do know, for example, the fbi looks to question a tunisian suspect. but after finally getting him face to face, he refused to speak. that's one suspect. abu ahmed is another. we don't know what role the five

others in his alleged terror cell may have played in all of this. don? >> susan, thank you very much. marijuana smokers gathered around seattle's space needle counting down the seconds until the first legal puff of pot. >> three, two, one. hold on a second before you go all cheech and chong on us. you can smoke pot legally in washington state, but still illegal to buy marijuana or sell it or grow it. that's interesting. a legal haze is drifting over washington state's pot smokers as joe johns reports. no one knows how the feds are going to react. >> reporter: there was euphoria the moment pot became legal in washington state. 3,000 miles away in washington, d.c., the justice department and the white house are reviewing how the federal government should respond. at the moment, they're sticking to this statement from the u.s. attorney in seattle, washington, who would prosecute violations

there. regardless of the state law, growing, selling or processing any amount of marijuana remains illegal under federal law. the department's responsibility to enforce the controlled substances act remains unchanged. but several former doj officials who spoke to cnn said that likely won't be the end of it. former attorney general under president george w. bush alberto gonzales laid out the options facing eric holder and the justice department. option one, lock the users up. >> go to washington state and arrest and prosecute those in possession of mare juwa marijuat for the defendant to say, wait a minute, i got a state law that says this is not lawful. at that point, the department can raise the issue of preem preemption and say the federal government laws preempt state laws in this regard. >> reporter: option two, fight it out in the courts. >> sue the state of washington and the state of colorado, take them to court and say, just say outright that in this field, the

federal government has preempted and that the law has to fall. >> reporter: option three, cut off federal money to law enforcement. >> simply start withholding federal grants to the state because of the fact that they're not helping the state enforce federal law. >> reporter: gonzales didn't mention option four. do nothing. listen to former federal prosecutor mark osler. >> i think they should stand back. i think best course of action here is to employ prosecutorial discretion. at that macro level. and let the states do what they will. >> reporter: and just why would the obama administration balk at enforcing federal laws that have been on the books for decades. there is the political consideration. >> here you've got two states that went for president obama, colorado was a swing state. the people of those states have spoken and for the federal government now to come in and say, we want to quash your popular mandate, there are political risks to doing that. >> reporter: there is also some precedent from medical

marijuana, which is already legal in 18 states and the district of columbia. but don't think that even medical marijuana is exempt from possible department of justice scrutiny. a case decided by the supreme court during the bush administration says the feds can go after that too. president obama also said earlier this year that we're not going to be legalizing weed anytime soon. joe johns, cnn, washington. >> joe, thank you very much. egypt's president is trying to diffuse the biggest crisis he's faced. about an hour ago, mohamed morsi canceled a decree giving him sweeping powers which ignited furious demonstrations. reza sayah joins me now from cairo with more on that. reza, is it enough, will the protesters go home or is this about more than the decree. >> reporter: for some protesters, for some opposition leaders, it is not enough, don. the president made a move tonight and he could argue that this move is a concession made to the opposition.

some members of the opposition already rejecting that argument. let's explain to you some background and explain to you what happened tonight. there was two red button issues that really angered and outraged the opposition. one were those controversial decrees announced by the president last month that gave them additional powers, made him immune from the judiciary until the parliament was formed. the opposition said this was a power grab, and then you had the draft constitution. the opposition said was drafted by a panel that squeezed out the liberal voices, squeezed out the moderate voices. tonight, the president said, fine, i'm going to annul and cancel those decrees that you didn't like. however, the annulment doesn't seem like a full annulment. it is a conditional annulment. the president saying it is not retroactive to november 22nd. that means any decision he made, while the decrees were in effect still stand. and one of those decisions was the controversial draft constitution and that draft

constitution will be voted on december 15th, the president has not made a move away from his position that the referendum will take place on december 15th. that is why, don, tonight some opposition figures calling this move by the president a farce, a joke, they're saying the protests will continue so the intrigue, the drama, the conflict, not quite over here in egypt, don. >> reza sayah in cairo, thank you. the supreme court takes up the same sex marriage battle. there are jt two cases involved, but their decision will affect millions of people. that's next. welcome to chevy's year-end event.

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the most important issues in its history. the court agreed to hear two constitutional challenges to state and federal laws having to do with same sex marriage. one case involves a federal defense of marriage act, which denies federal benefits to same sex couples legally married in their own state. the other is a challenge to california's proposition eight, which took away the right of same sex marriage that had been previously approved by the courts. the two men who will argue on behalf of same sex marriage are an unlikely duo. and as cnn's gloria borger tells us, the story plays out like a hollywood script. >> reporter: it is a script that could have been written in hollywood. the opening shot, a lunch in the polo lounge at beverly hills hotel. it starts where you might expect, with a hollywood heavy hitter. director and actor rob reiner. >> this was after proposition eight went the wrong way for us.

>> reporter: the launch took place in november 2008 a week after the election. obama won the white house. but gays and lesbians lost the right to marry in california. >> we try to figure out what to do next. then we thought about the idea of a possible legal challenge to proposition eight. and serendipitously a friend of my wife's came by the table. >> reporter: the friend suggested they would find an ally in her former brother-in-law, who turned out to be ted olson, a towering figure in the conservative legal movement. so that stunned you, right? >> yes, more than stunned me. it stunned me, but i said if this is true, this is the home run of all times. i mean, the idea that ted olson, this arch conservative, the solicitor general for george bush, who had argued bush v.

gore, and basically put me in bed for a couple of days, i was so depressed after bush v. gore, was interested in gay rights. i thought, let's check it out. >> reporter: didn't you have any doubts about ted olson? >> you know, they say that politics makes strange bedfellows. well, you don't have a stranger bedfellow than me and ted olson. >> i was skeptical, absolutely. >> reporter: chad griffin was also at the polo lounge that day. he and rob reiner are old friends and political allies. they met when chad was just 19 and a press aide in the clinton white house. >> good morning, mr. president. >> reporter: he gave reiner the west wing tour when the director was scouting for his film, "an american president." they decided griffin would be the one to make that first uneasy call to olson. >> much to my surprise, it was an issue he had clearly thought a lot about. but the moment i hung up the phone, i realized that there was a chance i was talking to someone who overnight could

become the most important, significant advocate for marriage equality that this movement has ever seen. >> we talked for a while on the telephone. and then he said, can i come and talk to you in your office in washington, d.c.? >> reporter: weren't you stunned? >> i wasn't so stunned. i'm a lawyer. i represent cases involving the constitution. this is an important constitutional question. >> one of the first things you see when you walk through your door in this office is a picture of ronald reagan. >> he was a wonderful man to know and to work for. and, of course, president bush too. >> reporter: that would be bush 43. >> and will to the best of my ability. >> reporter: the president whose election olson successfully defended before the supreme court in 2000. a memory that wasn't lost on chad griffin. >> i knew i was in foreign territory. but i saw enough in that office to know just how republican, you know, a world that ted olson comes from and my world could

not be more different than that. >> reporter: also on display was olson's extraordinary legal track record, with 44 supreme court victories under his belt. here are the quills. now, you get one of these every time -- >> every time you argue a case in the supreme court, at the desk is the quill. >> reporter: weeks later, reiner says the deal was sealed here in his california home. was this like an out of body experience for you? here you are sitting and talking to ted olson, who you probably regarded as -- >> yeah, the enemy. >> the devil, they say. the devil. >> reporter: now what are you? >> i'm a devil to a different group of people. >> it really is a betrayal of everything that ted olson has purported to stand for. >> reporter: ed whalen, a conservative legal analyst and former olson fan, like many conservatives, felt betrayed. >> viewed as someone who fought the good fight, most people

assumed he was a man of principle. i thought it was a shocking act on his part. >> reporter: so do you think he's destroyed his reputation? >> i think so. >> this is a case that challenges the status of individuals. >> reporter: so why did olson do it? >> people say that you must be doing this because someone in your family is gay. that is not the case. i am doing this because i think it is the right thing to do. >> reporter: and once olson made the decision, it became an emotional journey. >> a younger woman who works here is a lawyer, she came up to me and she said, ted, i want to tell you what i think about what you're doing. she said, i'm a lesbian. i don't think you know me. we haven't worked together. my partner and i have children. i can't tell you what you're doing for us by taking this case and she started to cry. and i did. >> reporter: then olson made another move right out of central casting. he wanted to hire a co-counsel.

of all people, the liberal david boyce, his former supreme court rival, the man he beat in bush versus gore. the director loved it. >> when he suggested that we get david boyce to be his co-counsel, i thought, wow, to get the two guys who opposed each other on bush v. gore to team up was saying that this is a nonpartisan issue. >> they share an abiding belief that -- >> reporter: not to mention irresistible public relations. >> i think ted recognized that this odd bedfellows combination, so to speak, would get a lot of attention. >> reporter: some people call them the odd couple. >> it is an odd couple, isn't it? >> reporter: or is it? judge for yourself. >> as we were getting ready to argue bush versus gore -- we had this conversation, we said -- >> in the chamber. >> some day, someone is going to come to us who will want to get

married and they'll be gay. and we'll do this together. >> that actually -- >> that second part i don't remember. >> that was gloria borger reporting. so how do the former faoes realy get along? just ahead from gloria, we'll hear about the death of their friendship and how it fuels their drive on the newest legal challenge. rd meeting... anne's tablet called my phone. anne's tablet was chatting with a tablet in sydney... a desktop in zurich... and a telepresence room in brazil. the secure cloud helped us get some numbers from my assistant's pc in new york. and before i reached the top, the board meeting became a congrats we sold the company party. wait til my wife's phone hears about this. [ cellphone vibrating ] [ female announcer ] with cisco at the center, working together has never worked so well.

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we have been telling you about these two unlikely but powerful men who have teamed up to fight for same sex marriage in california. they say it is not a matter of being republican or democrat, and same sex marriage is simply an issue of civil rights. cnn's gloria borger tells us how the story of this political odd couple began. >> we now need to resolve this election. >> reporter: it was the historic case that decided the presidency and divided the nation. olson and boyce were the ones on the steps of the supreme court battling it out. that was then. this is now. on the streets of new york, they're talking anything but the

law. >> it is called crazy heart, jeff bridges. >> i know, i know. i haven't seen that. i want to see that, though, and avatar. >> reporter: yethey have come a long way. let me play a game with you. great lawyer. >> ted. >> david. >> reporter: that's too easy. the adversaries are now friends, really good friends. and when we asked to meet with them, they suggested a personal spot. david boyce's apartment in new york city. if anybody had said to me nine years ago that i would about to be interviewing the two men who fought each other tooth and nail in bush versus gore on the same side of a constitutional fight, i would have said, are you crazy? >> actually, david and i talked about this in 2000, as we were getting ready to argue in the supreme court that some day we would like to be on the same side in the united states supreme court. and we said some day -- some day someone is going to come to us who will want to get married,

and they'll be gay. >> reporter: it would take nearly a decade for that to actually happen. >> what do we want? >> reporter: olson was recruited by a group of hollywood activists who wanted to challenge proposition 8. the controversial 2008 ballot initiative that bans same sex marriage in california. >> good morning, everyone. thank you for being here. >> reporter: he said yes, which was startling enough, but he knew he needed some political balance on the team. so he picked up the phone. >> he told me what the case was about and i think it took me about 15 seconds to -- >> no, not 15 seconds. it took you less than 1 second. >> reporter: it was a case made for david boyce. and olson knew it. >> think it is in some senses the last major civil rights battle that we're fighting in this country, hopefully. this is not a liberal conservative issue. not a republican and democratic issue. it is an issue of civil rights and human rights. >> reporter: do you find yourself defending ted olson to

your democratic friends? when they say, how can you work with him? >> no, i find myself defending ted olson to my republican friends. the democratic friends are easy. the republican friends -- >> reporter: politics aside, their wives joke they're like an old married couple. they go biking together and both enjoy the finer things. what do you like about each other? >> oh, where should we start? should we start with the wine or -- >> reporter: let's start with the wine. so after a long day, a glass of -- >> definitely. >> or short day. >> exactly. >> reporter: they have known each other for decades. as super lawyers practicing in a rarified legal stratosphere. then came bush versus gore, the hottest case of all. a case that to this day they don't agree on. do you still think you were right? >> absolutely. >> well, he wasn't, obviously. the supreme court decided.

furthermore, by the way, the journalists all went back to florida and counted these votes, about 12 different ways and it all came out the same way. >> they didn't all come out the same way. >> reporter: they'll never resolve that professional argument, but ironically, that case brought them closer personality. >> something happens in the sense that you get so deeply involved in a case, that about the only person that really appreciates what is going on is the lawyer on the other side, who is just as deep into the weeds as you are. they can appreciate all these little nuances. and so it is a natural kind of affinity. >> reporter: that affinity was strengthened by tragedy. a year later, on september 11th, 2001, olson's wife barbara was killed on flight 77, the flight that crashed into the pentagon. boies knew his friend was suffering and reached out to him. >> i was being given an award by the lab school in washington and

it was an annual award that they give, i'm dyslexic. and they give it to somebody who has achieved, and i said i would like to have tim olson give me the award. >> i'm proud to be here for my friend ted boies because he's the best. >> it was such an emotional event. that gesture of david asking me to be with him on the stand, receiving that award in front of the 2,000, 3,000 people was a wonderful gesture by him. ten years ago now. i can hardly talk about it. >> reporter: that strong bond is still there a decade later, as together they take on the fight for gay marriage. >> they're the wonder twins. they're not the odd couple. >> reporter: paul and jeff are one of the couples that olson and boies are representing. >> i can tell you both those guys, they put their heart and soul into this. and when they're fighting for

our equal rights, they're on the same page. they are doing it together. >> our nation was founded on the principle that all americans are created equal. >> reporter: their legal strategy is simple, olson and boies argued that banning same sex marriage is unconstitutional, period. they expect the supreme court to be the ultimate decider for the nation. >> it would be the roe v. wade of our generation. >> reporter: they have their critics, conservative legal analyst ed whalen. >> there is nothing in the constitution properly construing that remotely supports a right to same sex marriage. >> reporter: and even some of those who agree with olson and boies say that same sex marriage should be left to the states. there are lots of skeptics out there who say you're going too quickly here, and you're asking the supreme court to do a pretty heavy lift. >> every civil rights struggle, there have always been people who said you're moving too fast, country is not ready for it. how many people in 1954 were saying, country is not ready for desegregation, brown against

board of education, too soon. >> reporter: but everyone says this is a conservative court. why are you doing it now? >> because ted is a conservative guy. there are lots of conservative people, the idea that civil rights and human rights is exclusively a liberal preserve, i think it is flat wrong. >> reporter: their clients have faith their lawyers will win. will david and ted be at the wedding? >> they better be. >> they just might officiate the wedding. >> right. that would be interesting. >> reporter: or they could be best man. >> man and man, right? >> in our wedding and in life. >> reporter: in the end, it will be a decision for the high court. last time you went to the supreme court, didn't go so well for you. what is going to be different this time with the two of you together? >> well, one thing, i've got ted on my side. >> the one thing different, this time we got all the votes i can

persuade, there will be no votes left on the other side. >> reporter: no recount? >> no recount. >> again, gloria borger reporting. the supreme court will hear oral arguments beginning in march, a ruling expected in june. we have been watching egypt where recent move by their newly elected leader has led to angry demonstrations and protests. just a short time ago, an announcement that may finally diffuse that powder keg. that's next. [ male announcer ] this is sheldon, whose long dy setting up the news

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on the other side of half past the hour. want to get a look at your headlines now. egypt's opposition is dismissing a move by the president to calm protesters. mohamed morsi said he will cancel a decrease that gave him sweeping new powers, but that's not enough for his critics. they point out that the president is still pushing for a referendum on the new constitution, one they say is flawed. house speaker john boehner says he has no progress report on fiscal cliff talks because there is no progress to report. told reporters yesterday, president obama needs to drop what boehner called his m eed h

or the highway approach. the fiscal cliff just 24 days away. and a tragedy in pro football to tell you about. a dallas cowboys player has been killed and another has been arrested after an early morning car crash. cnn's mark makay joins me with the latest in a few minutes. nelson mandela is in the hospital. but the country's president says the 94-year-old is doing well and there is no cause for alarm. mandela spent 27 years in prison for his battle against racial segregation and later became his nation's first black president. rob robin kernow has the report. >> reporter: jacob zuma announcements mandela is in the hospital for tests. the presidency issued a statement aiming to reassure the south african public. it says that mandela is well there is no need for concern and the medical attention he's receiving is consistent with his age.

mandela is 94. now, these are the latest images taken of nelson mandela by cnn during his birthday celebrations in july this year. he's rarely been seen in public and we know he has around the clock medical attention in his rural home in eastern cape. his doctors must have been sufficiently concerned about his health to fly him across the country, to a hospital in pretoria. robin curnow, cnn, south africa. >> his last public appearance was in 2010 when his country host the world cup soccer tournament. fiscal cliff grabbing the headlines in washington. that's not the only big event in the nation's capital. next month, president obama will be inaugurated for a second term. that means plenty of turnover among his top advisers. emily schmidt has a first look at the upcoming changes in the president's cabinet. >> reporter: a late november white house photo-op. >> this is a wonderful opportunity for me to meet with

my full cabinet. >> reporter: maybe the last glimpse of this picture, an imminent cabinet shuffle is expected. >> president has got a lot of very, very good people to choose from. but he wants to put together a team, especially in international affairs, a team overall that going into a second term does not look like a second team, does not look like a group of second stringers. >> reporter: the likely short list to succeed secretary of state hillary clinton is politically charged. susan rice, the u.s. ambassador to the united nations, is thought to be a leading contender. some republicans have been highly critical of rice following the attack on the u.s. consulate in libya. >> when they go after the u.n. ambassador, apparently because they think she's an easy target, then they got a problem with me. >> senator mccain. >> thank you very much, mr. secreta secretary. >> reporter:.

i. >> i think john kerry would be an excellent appointment and would be easily confirmed by his colleagues. >> reporter: it is a list that includes michelle flournoy who held the number three job at the pentagon. ashton carter is on the list, and former nebraska senator chuck hagel, a republican, could represent a reach across the aisle. >> we're in a much stronger position today as a country than we were in '07. >> reporter: treasury secretary tim geithner said he will stay at his post until at least inauguration. president obama's chief of staff jack lew is often named as a possible replacement. a poll asked if president obama would pick good cabinet members. 58% said they thought he would. 42% said he would not. emily schmidt, cnn, washington. >> you can read more about the president's potential choices for his top cabinet post on your

security clearance blog. go to security.blogs.cnn.com. a dallas cowboys player is dead and a teammate is under arrest after an early morning car crash. linebacker jerry brown, who is a member of the team's practice squad, was pronounced dead at a hospital. he was riding in a car driven by josh brent, the cowboys starting nose tackle. want to bring in now cnn's mark makay for more on this. do we know anything more about this accident? >> no, it unfolded in the early morning hours saturday morning, don, in dallas, just after 2:00 a.m. as you said, a car driven by dallas cowboys defensive lineman josh brent crashing after hitting a curb and flipping. his teammate, not only with the dallas cowboys, but at the university of illinois, jerry brown jr., a practice squad linebacker with the cowboys, was killed. police arrested and booked the 24-year-old josh price brent

into the irving county jail. one count of intoxication manslaughter against brent. here is a spokesperson for the department. >> our officers on scene felt as if alcohol was a contributing factor in the accident, so mr. price brent was asked to perform some field sobriety tests. after he performed those field sobriety tests, based on his performance of those tests, along with our officer's observations and the conversations they had with him, he was placed under arrest for driving while intoxicated. >> that is a degree, a second degree felony charge, potential sentence of two to 20 years in prison, maximum fine of $10,000. the dallas cowboys receiving news of this -- of both teammates, one being arrested and one being killed before they boarded a chartered jet to cincinnati, don, to play the bengals on sunday. >> having to live, knowing you killed your teammate or a friend

died under your guise when you were behind the wheel. this is a second week in a row that we have been reporting on a tragedy in the nfl. last week it was the chiefs player who killed himself and then his girlfriend. what is going on here. >> jovan belcher, that played out in kansas city. so tragically last week, before the chiefs were scheduled to play as well. back-to-back weekends of tragic news involving two separate nfl teams. and, might we add two separate -- very separate incidents here. just goes to show that, you know, life and sport, when they collide, very difficult to take, when it has a tragic tinge to it. >> you said it, thank you very much. appreciate that. he is a sports legend and a best-selling author. ahead, former nba great kareem abdul-jabbar talks about his battle against cancer and his own mortality. bought from us . so, i'm happy. sales go up... i'm happy. it went out today... i'm happy. what if she's not home?

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he is without a doubt one of the greatest basketball players of all time. kareem abdul-jabbar, he talks with me about his battle against a rare form of blood cancer. >> i was -- i thought about my own mortality a number of times, especially since i've been diagnosed with leukemia. that's the first thing you think about, all of a sudden you realize there is a clock up there with your name on it and the clock is ticking. >> not only do we tackle that, but we also talk about more light hearted topics like his huge collection of jazz music and role as roger murdoch, the undercover pilot from the movie "airplane." make sure you set your dvr and catch my full interview tonight, 10:00 eastern, here on cnn.

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. somebody in the secret service has some explaining to do. brian todd has more now. . >> reporter: law enforcement and congressional sources tell cnn the u.s. secret service is being investigated for potentially damaging loss of information. the data was on two backup computer tapes, which contained very sensitive personnel and investigative information according to our sources. >> you lost the driver containing the identity of every agent. >> reporter: it might remind you of the new james bond movie "skyfall" where the villains steal a device with top secret information on british agents. but in this case, our sources say the tapes were left by a contractor on a train in washington's metro rail subway

system. the incident occurred in february of 2008, but is now the subject of an investigation by the department of homeland security's inspector general. that office has not commented on why the probe is going on now. i asked former fbi counterespionage agent eric o'neil about the loss. >> some of the information could cause lives to be at risk if someone wanted to get at the families of a high level government worker or someone they perceived as someone who could work say a terrorist cell >> reporter: this the agent who took down robert hansen who took down the agent. no lives were endangered by the 2008 loss, no it fraud occurred as a result, but how did this happen? >> according to our sources, the contractor was transporting two tapes from a pouch from secret service headquarters in washington to a now-closed data facility in maryland.

the sources say the contractor got off a train, later realized the pouch had been left behind, the secret service and metro police were contacted. an aggressive search took place, but one source tells us the tapes have not been recovered. in a statement, the secret service says, these backup tapes were not marked or identified in any way and were protected by multiple layers of security. they could not be accessed without the proper equipment, mrikts applications and encoding. still, why put sensitive information about agents or anything else on a removable disk? >> will part of the reason i think, and this is conjecture, in 2008 when this occurred, some of the information might have been on removable disks because that's how they transported information. we have leapt forward in technology since then. >> reporter: but o'neill has his own questions. >> why did a contractor have it? why wasn't it chained to his wrist with a handcuff and cases that the second he stood up think, i need to grab it. >> reporter: i put that to a

secret service official who didn't answer directly but said protocols have been put in place to make sure this doesn't happen again. brian todd, cnn, washington. one of the wofrld's newest pop stars now explaining himself for some old statements he made about u.s. soldiers. that's next. today, the beaches and gulf are open, and many areas are reporting their best tourism seasons in years. and bp's also committed to america. we support nearly 250,000 jobs and invest more here than anywhere else. we're working to fuel america for generations to come. our commitment has never been stronger.

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oh, my gosh, enough with this song already. could it be the end of "gangnam style" korean pop star psy has apologized for a performance from 2004, it resurfaced, the lyrics calling for death of american troops serving in iraq not long after news of a brutal slaying of a south korean hostage. psy's performance at the washington event will go on as planned. a suspect in a bank robbery gives new meaning to the phrase "self incrimination." at university of phoenix we're moving career planning forward so you can start figuring that out sooner. ln fact, by thinking about where want your education to lead, while you're still in school, you might find

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if he can't, no one can. that's why ally has a raise your rate cd. ally bank. your money needs an ally. here's one that was almost a gimme for police. jeanne moos tells us why. >> reporter: note to bank robbers. it doesn't help to put yourself on youtube showing that you robbed a bank. you might want to reconsider retitling your video. hannah sasbata was arrested one day after the bank was robbed. according to the sheriff who had to keep a grip on her as she was

taken away. the suspect seems to like writing notes like the one she said, then i stole a car, and indeed a stolen car was used in the bank heist. we're not exactly sure why, but all of the signs in the video are backwards. not to worry. she help fully supplied subtitles. so while you need a mirror to read "then i robbed a bank," there's the subtitle in case you don't happen to have a mirror handy. she wrote not only that she stole a pontiac but that it was a shiny one. she dangled the keys as "green day" played on. she displayed the green, even supplying an exact count, $6,256, money the sheriff says was recovered from her home, along with the sunglasses and backpack police say she wore in the bank surveillance photo. her defense attorney wouldn't